First Union. 15 FNMA...................................................................15
First Union. 10 Fitch .....................................................................10 FNMA .....................................................................10
First Union. First Union is a corporation duly organized and validly ----------- existing in good standing under the laws of the State of North Carolina, with its principal executive offices located in Charlotte, North Carolina. First Union is a registered bank holding company under the Bank Holding Company Act of 1956, as amended. As of the date hereof, First Union has 2,000,000,000 authorized shares of common stock, each of $3.33 1/3 par value ("First Union Common Stock", together with the rights ("First Union Rights") issued pursuant to the Amended and Restated Shareholder Protection Rights Agreement, dated as of October 15, 1996 (the "First Union Rights Agreement") attached thereto), 40,000,000 authorized shares of Class A Preferred Stock, no-par value ("First Union Class A Preferred Stock"), and 10,000,000 authorized shares of Preferred Stock, no-par value ("First Union Preferred Stock") (no other class of capital stock being authorized), of which approximately 968,139,000 shares of First Union Common Stock, no shares of First Union Class A Preferred Stock, and no shares of First Union Preferred Stock, were issued and outstanding as of March 31, 1999.
First Union. First Union is a corporation duly organized and existing in good standing under the laws of the Xxxxx xx Xxxxx Xxxxxxxx, with its principal executive offices located in Charlotte, North Carolina. First Union is a registered bank holding company under the BHCA. As of the date hereof, First Union has 750,000,000 authorized shares of common stock, each of $3.33 1/3 par value ("First Union Common Stock"), 40,000,000 authorized shares of Class A Preferred Stock, no-par value ("First Union Class A Preferred Stock"), and 10,000,000 authorized shares of Preferred Stock, no-par value ("First Union Preferred Stock") (no other class of capital stock being authorized), of which 280,488,704 shares of First Union Common Stock (without giving effect to the two-for-one First Union Common Stock split paid on July 31, 1997 to holders of record of First Union Common Stock on July 1, 1997), no shares of First Union Class A Preferred Stock, and no shares of First Union Preferred Stock, were issued and outstanding as of June 30, 1997.
First Union. It is expressly understood and agreed that ----------- this Guaranty is executed and delivered by First Union National Bank ("First Union"), not in its individual capacity but solely as Trustee under the Trust Agreement (Heritage Air Holdings Statutory Trust) dated as of September 20, 1999 (the "Trust Agreement"), in the exercise of the powers and authority conferred and vested in it as the Trustee thereunder, and each of the representations, warranties, undertakings and agreements herein made on the part of the Trust is made and intended not as a representation, warranty, undertaking or agreement by First Union but is made and intended for the purpose of binding only the trust estate created by the Trust Agreement (the "Trust Estate"), and all persons having any claim against First Union or the Trust by reason of the transactions contemplated by this Guaranty shall look only to the Trust Estate for payment or satisfaction thereof.
First Union. It is expressly understood and agreed that this ----------- Agreement is executed and delivered by First Union National Bank ("First Union"), not in its individual capacity but solely as Trustee under the Trust Agreement (Heritage Air Holdings Statutory Trust) dated as of September 20, 1999 (the "Trust Agreement"), in the exercise of the powers and authority conferred and vested in it as the Trustee thereunder, and each of the undertakings and agreements herein made on the part of the Trust is made and intended not as an undertaking and agreement by First Union but is made and intended for the purpose of binding only the trust estate created by the Trust Agreement (the "Trust Estate"), and all persons having any claim against First Union or the Trust by reason of the transactions contemplated by this Agreement shall look only to the Trust Estate for payment or satisfaction thereof.
First Union. As co-trustee of the Tollefson Co-Trusts, First Uniox by its execution and delivery of this Agreement hereby authorizes, consents and agrees to the terms of this Agreement and authorizes the Tollefson Trustee to carry out xxx xxxxx hereof by voting the Voting Shares of the Tollefson Co-Trusts in the mannxx xxx xxr the purposes set forth herein.
First Union. The term "First Union" shall mean First Union Corporation of Virginia, a Virginia corporation.
First Union. NATIONAL BANK accepts its reappointment as trustee of the grantor trust continued by this Trust Agreement and agrees to hold all funds which it has received and may receive hereunder, IN TRUST, upon the terms and conditions hereinafter stated; and
First Union. First Union currently is the holder of the existing First Union debt. As part of this credit facility, First Union will become a party to this Agreement. The existing First Union debt will be paid down to $22,500,000. The $22,500,000 balance of the existing First Union debt will then be amended and restated and will become a part of the Term Loans. The note evidencing the existing First Union debt will be amended and restated and will be one of the Term Loan Notes. The First Union Mortgages will be amended and restated to reflect that the indebtedness secured includes the entire amount of the Loan and to release the equipment that is included in the security under the First Union Mortgages.
